Los Angeles daily herald., 1887-03-26
PROCLAMATION |!
STA 4 OF CALIFORNIA,
Evrrr-rtvr nEpA RTMEE


WHEREAS, the Legislature of the State OF
California, at its twenty-seventh session. be-
ginning on the third dag Of January. A. d.
eighteen hundred and eighty-seven, two
thirds Of all the members elected to each OF
the two Houses of laid Legislature voting in
favor thereof, proposed the following de-
scribed amendments to the Constitution OF
the State of California. to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendme ent to the Constitution of the
State, relative to the Judiciary Depart
ment.
Resolved, That the Legislature of the State
OF Californis, at its regular session, COM
mencing on the third day Of January. A. D.
eighteen hundred and eighty seven, two.
thirds of all the members elected to each of
the Houses of said Legislature vo ing In ia
vor thereof, hereby propose that sections
two aud three OF article vi, OF the Constitu-
tion of said Sta.e be amended to read as
Section q The Supreme Court shall CO n
| sist of seven Justices. The Associate Jus
tices of the Supreme Court, in office at the
time of the adoption of this amendment to
| the Constitution are hereby continued in
office as Justices OF the Supreme Court for
| the remainder of the terms to which they
were respectively elected. The Justices
shall elect one of their number to be Chief
Justice. and he shall hold the office OF Chief
Justice of said court for term of two
years At the expiration Of the term OF the
Chief Justice first elected. and every two
years thereafter the Justices shall elect
Chief Justsce for like term of two years.
An entry of the election of such Chief Jus
tice shall be made in the minutes OF the
court and signed by four Justices. When
ever thereafter vacancy occurs in the Of
fee of Chief Justice. like election shall
be had to fill such office for the unexpfred
partments or in bank, and shall always be
open for the transaction of business There
sha be two departments, denominated, re
spectively, Department One and department
Two. The Chief Justice shall assign three
of the Justices to each department, and
such assignment may be changed bv him
from time to time. Tho Justices shall be
competent to sit in either department, and
may interchange with each other by agree
ment among themselves elves @ or a. as . ordered by
shall have the power to hear and determine
causes and all questions arising therein,
subject to the provisions hereinafter con-
tanned in relation to the Court In bank. The
presence OF three Justices shall be necessary
to transact any business in either of the de-
partments, except such as may be done at
chambers, and the concurrence Of two Jus
tees shall be necessary to pronounce a
judgment The Chief Justice shall apportion
the business to the departments and m y,
in his discretion. order any cause pending
before the Court to be heard ana decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
department; but wDefe cause has been al
lotted to one OF the departments, and judg-
ment pronounced thereon, the order mus
be made within thirty days after such judg-
ment and concurred in by twoJ Justices, and II
so made it shall have the effect to vacate and
set aside the judgment. Amy four Justices
department. order a case to be heard In
bank If the order be not made wit in the
time above limited, the judgment shall be
final. No judgment by a department shall
become final until the expiration of the
period of thirty days aforesaid, unless ap-
proved by the Chief Justice. in writing,
with the concurrence OF two Justices. The
Chief Justice may convene the Court In
hank at any time, and shall be the presiding
Justice Of the Court when so convened. The
concurrence Of four Justices present at the
argument shall be necessary to pronounce a
judgment in bank; but If four Justices, SO
present. do not concur in a JUDGMENT, then
all the Justices qualified to sit in the cause
shall hear the argument but 10 render q
judgment a concurrence of four Judges
shall be necessary. In the determination
of causes all decisions of the Court in
in writing and the grounds Of the decision
shall be stated. The Chief Justice may sit
in either department, and shall preside
when SO sitting, but the Justices assigned
to each department shall select one OF their
number as presiding Justice. In case of
the absence of the Chief Justice from the
nj ce at W which the court Is held, or his ina
bility to act, the Associate Justices shall Sc
lect one of the own number to perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
bility to act The Supreme Court Commits
sion, created by the act of the Legislature,
approved March twelfth, eighteen hundred
and eighty-fye. shall continu and be Su-
preme Court Commission for four years af-
ter the adoption of this amendment. Said
commission may be continued for such
time thereaft T as may be fixed by an act
passed by a vote of two-thirds of the elected
members of each House of the Legislature.
bers thereof and Secretary shall be ap-
pointed as in said act provided; and such
commissioners shall be subject to removal
in like manner as the Judges OF the Su-
preme Court, Said commission shall nave
causes possessed by department OF the
Supreme Court, and causes may be assigned
to the commission In the same manner they
are assigned to a department, and after de-
eisSn they may be ks
as If deci ed in department.. The judg-
ments of the commission shall be entered
as the judgments of the court. The COM
shall sit at such times and places as
may be designated by the court, but such
com mmissioners shall not exercise any
ndiciai functions except when assem-
Dled as a commission, and then they
,hall only have power to hear and deter
nine such causes as may have been assigned
% them,
Court shall be elected by the qualified
electors OF the State at large, at the general
'tate elections and the times and places at /
which State officers are elected; and the |
erm OF office shall be twelve years.from